To: Haim R. Branisteanu who wrote (53747 ) 6/12/2000 2:25:00 PM From: Haim R. Branisteanu Respond to of 99985
Re - MBS an interesting ruling against brokerage houses U.S. court says pension plans may sue other parties WASHINGTON, June 12 (Reuters) - A unanimous U.S. Supreme Court ruled on Monday that pension plans may sue certain parties, such as financial service companies and advisors, over money-losing transactions that are prohibited by law. Previously, fiduciaries who exercised control or authority over pension plans could be held liable for certain transactions under a federal law, the Employment Retirement Income and Security Act of 1974. But the high court, in a decision by Justice Clarence Thomas, said lawsuits also could be brought against so-called ``parties in interest'' under certain conditions for violating the law, even if they are not fiduciaries of the plan. Such a ``party in interest'' can be sued to obtain ``appropriate equitable relief'' and redress for engaging in a transaction prohibited by the law, Thomas said. The decision allowed Ameritech Corp., which is now owned by SBC Communications Inc. (NYSE:SBC - news) , and its pension plan trustee, Harris Trust and Savings Bank, to continue their efforts to recover money lost in a deal with Salomon Brothers Inc., a stock brokerage firm that is now part of Citigroup Inc. (NYSE:C - news) In the late 1980s, Salomon sold for about $21 million interest in mortgage-note offerings involving two motel chains to Ameritech's pension plan. The plan lost $19.9 million after the motel chains went bankrupt. Ameritech and the Chicago-based Harris Trust sued in 1992. Salomon contended it could not be sued under the pension law because it, unlike Harris Trust, owed no fiduciary duty to the pension plan. A federal trial judge allowed the lawsuit to proceed, but a U.S. appeals court dismissed the case. The Supreme Court said the appeals court was wrong. The ruling adopted the position urged by the U.S. Justice Department, which argued that such lawsuits should be allowed to go forward.